Skip to code content (skip section selection)
(a) The Incumbent Employer shall, concurrent with the date that the Transfer Document is fully executed, provide to the Successor Employer a list ("Retention List") that includes the name, contact information, date of hire, rate of pay, average number of hours worked per week in the six months prior to the Change in Control, and employment occupation classification of each Eligible Employee. For purposes of this subsection (a), contact information shall include but need not be limited to the Eligible Employee's phone number, home address and email address.
(b) The Successor Employer shall employ each Eligible Employee identified on the Retention List to work in the Formula Retail Establishment, under the same terms of employment with respect to job classification, compensation, and number of work hours that governed the Eligible Employee and Incumbent Employer, and as otherwise required by law. The Successor Employer shall continue to employ the Eligible Employees in the Retail Formula Establishment for a period of 90 days from the Employee Commencement Date, consistent with the following provisions:
(1) The Successor Employer shall make the offer of employment in writing;
(2) If the Eligible Employee declines to accept the offer of employment, the Successor Employer's obligation to offer employment to the Eligible Employee shall be deemed satisfied;
(3) The requirements of this Article 33F shall apply whether the Successor Employer operates the Formula Retail Establishment in the same location or relocates to another location, so long as that other location is in San Francisco; and
(4) The requirement that the Successor Employer employ Eligible Employees from the Retention List shall remain in effect notwithstanding any delay in the Successor Employer's opening the Formula Retail Establishment due to relocation, remodeling, or other reason, provided that this requirement shall terminate three years from the date that the Transfer Document is fully executed.
(Added by Ord. 236-14, File No. 140880, Eff. 1/4/2015, Oper. 7/3/2015)